Conservative Political Forum

General Category => The Constitution => Topic started by: Bronx on July 01, 2017, 09:11:55 AM

Title: The 7th Amendment....?
Post by: Bronx on July 01, 2017, 09:11:55 AM
I have a few questions and one very personal question regarding the 7th Amendment.

Can someone brake down the 7th Amendment in laymen terms. If there is anyone who can speak on this. Please inbox me. I need some personal help.

Thanks Bronx
Title: Re: The 7th Amendment....?
Post by: Solar on July 01, 2017, 09:39:51 AM
The Seventh, in my understanding, was a guarantee of a trial by jury, not just a magistrate/judge/or panel, but the Right to face one's accuser.

QuoteIn Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Jury is the final arbiter.
Though that's the basics if I'm not mistaken, there may be extended law in the matter, but you'd have to search it out.
Title: Re: The 7th Amendment....?
Post by: Bronx on July 01, 2017, 02:18:33 PM
So here in the state of Georgia you can not file a lawsuit against a doctor unless you have another doctor state that their was a malpractice.

My question is, is the state of Georgia violating the 7th Amendment to a jury trial with this stipulation....?
Title: Re: The 7th Amendment....?
Post by: Solar on July 01, 2017, 03:28:38 PM
Quote from: Bronx on July 01, 2017, 02:18:33 PM
So here in the state of Georgia you can not file a lawsuit against a doctor unless you have another doctor state that their was a malpractice.

My question is, is the state of Georgia violating the 7th Amendment to a jury trial with this stipulation....?
I don't think so, but it can work in your favor in the end and your claim less apt to be thrown out as a frivolous lawsuit since a doctor backed your claim.
Find an attorney on contingency, it costs you nothing out of pocket if they take your case.
Title: Re: The 7th Amendment....?
Post by: Solar on July 01, 2017, 04:29:29 PM
On 2nd thought I do see your concern and it's a valid one, and probably one no one has yet to challenge.
Title: Re: The 7th Amendment....?
Post by: Bronx on July 02, 2017, 06:18:58 AM
Quote from: Solar on July 01, 2017, 04:29:29 PM
On 2nd thought I do see your concern and it's a valid one, and probably one no one has yet to challenge.

Thanks Solar. I thinking the same on the 7th Amendment.

I'm going to try and take the state of Georgia to court for violating my 7th Amendment.

If you want more info on my reasoning I will inbox you.

Thanks again.


Title: Re: The 7th Amendment....?
Post by: Solar on July 02, 2017, 07:15:29 AM
Quote from: Bronx on July 02, 2017, 06:18:58 AM
Thanks Solar. I thinking the same on the 7th Amendment.

I'm going to try and take the state of Georgia to court for violating my 7th Amendment.

If you want more info on my reasoning I will inbox you.

Thanks again.
I truly wish you luck.
Keep us abreast of your progress, this could be groundbreaking. :thumbup:
Title: Re: The 7th Amendment....?
Post by: zewazir on May 12, 2018, 10:06:46 PM
If the law limiting malpractice to cases in which a doctor corroborates the charge of malpractice were to be in violation of the 7th Amendment, I believe there would have to be a historical case in which a jury found for the plaintiff in a malpractice suit, where there was no corroborative statement from a licensed practitioner. Without that jury case, there is no jury decision to conflict with the law.
Title: Re: The 7th Amendment....?
Post by: |Glitch| on May 13, 2018, 12:24:02 AM
The 7th Amendment only applies to federal courts, or rather those courts "which sit under the authority of the United States."  States are not required to have a jury trial.

Source:
Minneapolis & St. Louis R.R. v. Bombolis, 241 U.S. 211 (1916) (https://supreme.justia.com/cases/federal/us/241/211/case.html)
Alexander v. Virginia, 413 U.S. 836 (1973) (https://supreme.justia.com/cases/federal/us/413/836/)

Title: Re: The 7th Amendment....?
Post by: Dont need to know on October 01, 2019, 11:07:23 AM
Quote from: |Glitch| on May 13, 2018, 12:24:02 AM
The 7th Amendment only applies yo federal courts, or rather those courts "which sit under the authority of the United States."  States are not required to have a jury trial.

Source:
Minneapolis & St. Louis R.R. v. Bombolis, 241 U.S. 211 (1916) (https://supreme.justia.com/cases/federal/us/241/211/case.html)
Alexander v. Virginia, 413 U.S. 836 (1973) (https://supreme.justia.com/cases/federal/us/413/836/)

I'm going to have to disagree.
The 7th amendment actually is directed at the respondent that they may receive a verdict by trial of jury.  << someone else said something to the contrary.

More to your statement.  In the constitution common law is referred to local law.  It means nothing about a federal case and is mainly for damages, breach of contract or other such.

Malpractice wouldn't fall under the seventh amendment unless he is going to sue the doctor instead of the hospital.  Even then since government regulates the medical industry it would have to go to a federal court, thereby the seventh would not apply